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The applicable limitation here is utility. Broadly speaking, utility means that the invention must have some practical use. As described, the invention does have a practical use, which is “to transmit and receive electromagnetic waves”. That the waves allow faster-than-light transmission of information is not intrinsic in the workings of the invention. The ...


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When filing an application, you must complete a declaration, which states: . . . I believe that I am the original inventor or an original joint inventor of a claimed invention in the application. I hereby acknowledge that any willful false statement made in this declaration is punishable under 18 U.S.C. 1001 by fine or imprisonment of not more than five (...


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For infringing a claim, all elements of a claim need to be infringed. A claim a + b can either be “at least and b“ (typically) or “exactly a and b“ (for example exactly 40% sparkling water and 60% apple juice, very rare). In your example, at least claim 1 must be “at least a and b“ because else a+b+c would not be a dependent claim as dependent claims are ...


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Yes, if their application pre-dated your public disclosure. Another possibility is the person's product came after yours but the examiner does not find your device or anything else like it. A patent might be granted. In your defense, if sued for infringement, you would have your documentation that the information was public before the other person's filing ...


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Simply put, yes. A little more precisely, there may be existing patents that the product infringes. Either the product as a whole (a personal cooling unit) or parts of the product (like the straps or the cooling mechanism or the power supply) or the way you make the product (for example, a patent on some particular way of assembling the device). The ...


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Assumption: A technology based patent application will be submitted to United States Patent and Trademark office (USPTO). You need first investigate prior art. Essentially you have to validate if your invention is truly an invention. There few ways you can achieve this task. Literature search - start with simple google search Make sure you have clearly ...


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The MPEP contains the rules governing a continuation-in-part. Refer to Section 201.08 Continuation-in-Part Application [R-11.2013]. What differentiates a Continuation from a Continuation-in-Part is the inclusion of Paragraph 2.06: Possible Status as Continuation-in-Part. This is an indication that your Continuing Patent Application contains information not ...


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Does "Reasons for Allowance" imply that there is a high probability of this application to be granted in the near future. Yes. 37 CFR § 1.104(e) provides: If the examiner believes that the record of the prosecution as a whole does not make clear his or her reasons for allowing a claim or claims, the examiner may set forth such reasoning. The reasons ...


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You can't patent an idea, but you can patent implementation of an idea. "Aesthetics" is as much as an idea as a "smart phone". If your implementation contains an element that is novel and not obvious to a person skilled in the art, then it can be patented. For example, in the case of a door knob, if your design reduces the number of component so to make it ...


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MPEP 1502 sets forth the differences between the requirements for patentability of a utility patent application and a design patent application. In general terms, a “utility patent” protects the way an article is used and works (35 U.S.C. 101), while a “design patent” protects the way an article looks (35 U.S.C. 171). The ornamental appearance for an ...


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You question is a bit confusing, but I'll try to answer my interpretation. If you make an improvement to an existing patented device, you could potentially obtain a patent on the improvement, but if the existing patent has yet to expire, you can not produce the product without obtaining a license (assuming your product is covered by its claims). For any ...


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Sort of, but only in the US (as far as I know). You can file an application with micro entity status, which means most of the official fees are 75% less than the usual rate. This has some pretty strict requirements: No inventor/applicant is named on more than four previously filed applications. No inventor/application has a gross income more than three ...


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There are a few ways. For one, US design patents have a USD number, for example USD543181: https://patents.google.com/patent/USD543181S1/en?oq=USD543181 In google it also says "US Design Grant". The USPTO page is a little harder, though CLAIM The ornamental design for a folder-type cellular phone with digital camera, as shown and described. in ...


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In the US, it is permissible to remove information from the patent and still preserve the priority claim. Many nonprovisional applications will include a statement at the beginning that the provisional application is hereby incorporated by reference in its entirety into the present disclosure. So they're effectively saying "everything in the original ...


1

The answer is maybe both. Design patents cover the ornamental design of functional objects. If you want to protect the look of the packaging then a design patent is a good way of doing it. Utility patents cover the function of the design. If your package actually works in a way distinct and new compared to previous designs, it may be able to get a utility ...


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Yes. Read for example this article for more background information: http://www.cdfslaw.com/publications/practice-tip-claiming-priority-design-utility-patent-applications/ Design and utility patents have different scopes of protection, so filing both might be a good idea even if the utility patent gets granted.


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You do not need to prove that your method works. If you claim a method that doesn't work, it just means that your patent will protect something that's probably not worth very much (since it doesn't work). Your specification should include a description of the steps that you might use (both aspects that you have invented and aspects that are already known), ...


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The answer to the original question is Yes. In our experience, the entry in the Transaction History, "Reasons for Allowance" is strongly suggestive that the Examiner's supervisor has approved the allowance. I am guessing that the actual document may have been prepared and recorded but is not in the IFR prior to the Notice of Allowance is posted, but that's ...


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No. A design patent application cannot claim priority to a provisional patent application, per 35 USC § 172: The right of priority provided for by subsections (a) through (d) of section 119 of this title and the time specified in section 102(d) shall be six months in the case of designs. The right of priority provided for by section 119(e) of this title [...


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In order to be allowed, the broader claims must be supported by the disclosure of the original application, and be novel and non-obvious in light of art prior to the original application's priority date. If that is not the case, and the inventor is relying on a new specification to support the new claims, it is possible that those new claims read on the ...


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Should I now file a specific design patent for my shoe[?] Ideally, you should discuss your case with a qualified patent attorney or agent. If you insist on self-help, you should ask yourself the key question differentiating utility vs. design patents: does the novelty principally relate to the function or the aesthetics? Keep in mind there may some overlap ...


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In situations where priority is claimed to a document having different text, priority is determined on a claim-by-claim basis. That is, different claims of a CIP patent may have different priority dates, depending on when the corresponding subject matter was introduced. So you have to go through one claim at a time, for example: claim 1: contains some ...


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Optimal protection for your idea would be to file both a utility and design patent.The utility patent protects the functional aspect of your invention- getting a better grip when a person picks up big circular stones (think wrapping duct tape around fore arms). It also provides broader patent protection against patent infringement should a competitor try to ...


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A design patent covers the visual impression of a product while a utility patent covers the structure and functioning of a product. If you have something new and not obvious that provides a functional benefit, that would be a utility patent application.


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If by "globally recognized" you mean that it will turn up in a patent search done most anywhere, then I would ask the USPTO for early publication and make sure the abstract has all the keywords someone would use in looking for it. If you mean a "globally enforceable" patent right, there is no such thing. Each county's courts can enforce their patents, under ...


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Pretty much "everything under the Sun" is patentable as long as it is not an abstract idea, natural law, or has a human in it. So an innovative functioning wallet could be patented with a utility patent and an innovating looking wallet could be patented as a design patent. A very rough guide would be about 20 years from filing. That is not at all precise so ...


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Yes, the United States Manual of Patent Examining Procedure requires systematic rejection of things stating that their utility is that they are perpetual motion machines. Also, US examiners can issue rejections on the ground that a claimed apparatus violates the laws of physics.


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